The Big Sandy news. [volume] (Louisa, Ky.) 1885-1929, 1887-09-22

u Il
sight defendants above named, being present |
lbetted and assisted in the throwing OF the
bomb; others that, not being present, aiding,
lbctting or assisting. they advised, encouraged, I
aided and ubeltod such throwing Some OF the /
sounte charge that said defendants advised, en-
aided and abetted one Rudolph /
in tho preparation OF the crime;
others, that they advised, encouraged, aided |
and abetted an unknown person in the perpe-
Iration thereof.
The statute on this subject reads;
Sec 2. An accessory is he who stands By |
and aids, abcts or assists, or who, not being |
present, aiding, Abetting, or assisting. hath ad-
vised, encouraged, aided or abetted the perpe- !
tration OF the crime. He who thus aids, abets, |
assists, advises or encourages, shall be consid-
cred principal and punished accordingly
"Every such accessory when q crime is com
mitted within or without this State by his aid
or procurement In this State, may bc indicted
and convicted ut the same time Us the princi-
pal or before or after his conviction, and
whether the principal is convicted or amcnahle
to justice or not aud punished as principal"
In consideration of this statute the court asks
tho questions;
Did the defendants have common purpose
or design 10 advise, encourage, aid or abet the
murder OF the polices
Did they combine together and with others
with view to carrying that purpose or design
into efecti
Did they, or either or any OF them, do such
acts or make such declaration in furtherance
OF the common purpose or design as did nctu-
ally have the effect OF encouraging aiding or
abetting the crime in question:
The questions are based on the propositions
oflaw as laid down by the court and sustained
by previous decisions in tins and other States.
The premises are held that II the defendants
advised, encouraged, aided or Allotted the kill
ing of Degan they are as guilty as though they
took his life with their own hands II any OF
them stood by and aided, Allotted or assisted in
the throwing OF the bomb, those OF them who
did so are as guilty as though they threw IL
themselves,
Joined TO this is the charge that the defend
ants formed a common purpose and were united
in common design 10 aid and encourage the
murder OF the policemen among whom the bomb
was thrown. II they combined to accomplish
such murder by concerted action the ordinary
law OF conspiracy is applicable, and the
acts ard declarations OF one OF them. done
in furthcrance OF the common design, are, in
contemplation OF Law, the acts and declarations
of all. This prosecution however Is not for
conspiracy as substantive crime. Proof OF
conspiracy Is only proper so far as II may tend
TO show u common design 10 encourage the
murder charged against the prisoners. 1t may
be introduced for the purpose OF establishing
the position OF the members OF tho combination
as accessories to the crime OF murder.
Z Also the statute abolishcs tho distinction be-
tween accessories before the fact and princi-
pals. BY it all accessories before the fact are
made principals AS the acts OF the principal
are thus made the acts Of the accessory, the
latter may be charged as having done the acts
himself, and may be indicted and punished nc
cordingly.
Following the propositions OF law above
| laid down, the court holds that the evidence
under them amply sustnns the charge that the
defendants were engaged in great conspiracy
| to overthrow thelaw, and that the throwing Of
the bomb in Haymarket square on tho evening
Of May was the direct result OF that consplra
| cy First there was at that time existing In
| Chicago an organization OF Socialists or An
archists whose purpose was the overthrow o.
| all laws which were enacted fOr the protection
| OF private property. This overthrowal was "a
! be accomplished by force, The organization
/ was National one. divided into groups, eighty
| in all, Of which there were located In
| Chicago seven. Schwab, Neebe and Lingl
| belonged TO the North-side group; Engel
and Fischer to the Northwest; Spies, Par
| sons and Fielden TO the American. Con
| nected with these groups were armed sec
| lions, the Lehr ind Weir vcrein, containing
| 1000 drilled men, and these soldiers were
known by numbers instead OF names, de
sire for secrecy being so great The
other armed sections were TO be com
manded by details from the Lehr und
| Weir yorcin II called into action. The
proof shows that 4 was this organization
which called the meeting of May 4, during which
the bomb was thrown. This bomb was spheri-
cal in shape, filled with dynamite and lighted
by fuse. The globe was OF composite metal,
mainly tin and lead, with trace OF anthony.
This composition is not commercial metal,
and yet Lingg was discovered making bombs OF
exactly the same material, OF the Same form,
and corresponding 20 nicely that the nut which
fitted The bolt which held the Haymarlxet bomb
together also fitted the threads OF other bolts
found in Lingg's room, and which were INTENDED
to hold together other similar bombs.
Tine evidence also shows that the meeting o
May was the result OF previous conference
at VIII oh all OF the defendants took part; tina
the call for the meeting, the word 'ruhe," was
printed in two newspapers which some OF tn.
defendants controlled; that at that meeting
when speaker said wv c are peaceable," h
used the word ''ruhe,r which was the signal 70
the mountaineering, and immediately the bonn
was thrown.
1t is held that the police we're right in thei
presence at the meeting Tho times wer
/ troublous, strikes we're everywhere. Ther
had been trouble ut McCormick's the day be
/ fore, and the circulars which called the meet
| ing were threatening in their character Henc
| twas the dutyof the police TO be on hand
/ plOlcCL tut peace iAuu W btNah up tho AAStAAhh
| which was not an orderly one
In view OF the facts presented by the record
the finding is that the defendants were engage
In n common conspiracy; that that conspirac
was for the purpose Of ovcrthrowing the law
that the meeting was called to further tina
4 conspiracy, and the bomb-throwing was the re
suit of it; that Onicer began died from wound
received from the explosion of the bomb. Held
that the defendants are guilty OF murder as az
i cessories hefOre the fact.
Justice Mullzey thought there was error
the record, but not enough to vitiate the ye
dict. He did not file an opinion.
THE NEWS IN CHICAGO.
CHICAGO, Sept 15.--Not since the return
ing Of the verdict of Guilty in the Ar
archists' trial nearly thirteen months az
has there been such intense excitement
J the city as was occasioned by th
announcement of the decision {
the Supreme Court For months th
! people, not only of Chicago but of til
J whole civilized world, have been waitin
} with feverish anxiety to learn what the 81
| prene Court would do in the famous cas-
J Now that the opinion has finally been rer
dered feeling of great relief is being G,
} perienced, aud outside OF Annrchistic an
Socia1lstic circles the verdict is UNIVERSAL
approved
At l1;3O O'Clock, Sheriff Matson receive
the following;
OTTAWA, ILL.,, Sept. 14.-E u. Mdtsol
, ShertG Of Cook County: Opinion filed tn
morning n the Anarchist case. Judgment
, affirmed. A. II. TAYLOR, Clerk"
On the receipt of the dispatch a numbt
: OF the unemployed deputies and bailif
I were sent to the jail by Sheriff Matsol
/ with orders to Deputy Sheriff Webb, who hi
had command Of the outer guards at Il
I i'm since the conviction OF the Anarchist
J, As soon as the news of the decision renche
I Chicago precautions were taken to effect'
auy prevent the slightest attempt at
demonstration by friends Of the doome
u Annr.hists Cantnin Gchanck NllnEn viz